Prenuptial Lawyer Miami
I receive many phone calls from potential clients who are getting married within a very short time and they want to have a prenuptial agreement (also known as “prenups” or “antenuptial agreement”) drawn up.
Unfortunately, I must decline to represent these individuals because any prenup written with the wedding about to take place could be set aside. Thus, any prenup prepared under those circumstances would not be worth the money spent.
Another type of phone call I receive relating to prenups is from clients who signed prenups and are getting divorced, and do not think it is fair that they be bound by the prenup. There are actually a variety of ways to set aside a prenup.
Prenups are governed in Florida by the Uniform Premarital Agreement Act (UPAA) 61.079, Florida Statutes.
A prenup will be set aside if the spouse who is seeking to invalidate it proves:
- That they did not execute the agreement voluntarily;
- The agreement was the product of fraud, duress, coercion, or overreaching; or
- The agreement was unconscionable (unfair) when it was executed and, before execution of the agreement, that party:
- was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
- did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
- did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
Therefore, whether you are seeking a prenup before your wedding or seeking to invalidate one already executed, the circumstances surrounding when it was entered are critical to enforcing it or invalidating it.
If you have issues relating to a prenuptial agreement, call the lawyers at Filler Rodriguez, LLP to discuss your case at 305-672-5007.